[ Home ]
[ Speeches & statements ]
INTRODUCTORY ADDRESS BY DR AM OMAR, MINISTER OF JUSTICE, AT THE SOUTH AFRICAN INSTITUTE OF INTERNATIONAL AFFAIRS' WORKSHOP ON "THE DRUG TRADE IN SOUTHERN AFRICA": 5 JUNE 1997
1. WELCOME AND INTRODUCTION
Chairperson, distinguished participants and, in particular, all visitors from beyond our shores, ladies and gentlemen.
I am honoured to have been invited to address you today. It is also my privilege to warmly greet and welcome you all at this important workshop, which will deal with matters having both international/intercontinental as well as national/domestic implications. Your presence and participation is warmly appreciated and is indeed essential to make this workshop a success. Drug trafficking and organised crime, have increased to such an extent that the problem needs to be urgently addressed workshops of this nature are therefore of utmost importance. I thank each participant - not only for your own contribution, but also for you country's contribution towards building international co-operation in investigations and in finding solutions in the fight against transnational crime. In South Africa's case, we need not only cross-border co-operation, but also co-operation across Africa and other continents.
This workshop, will focus attention on the various issues relating to one of the greatest scourges of the 20th Century, namely the illegal drug trade and its related spin-off-activities.
It is also important for another reason - in that it will also help bring people from various nations and, in particular, those from the Southern African continent and region, closer together in our common battle against illegal drug trafficking, and assist in promoting measures to address the problem. In this regard the exchange of information and experiences is crucial.
I want to say to you that I do not underestimate the danger presented by the rapid growth of the illicit drug trade. It is a danger that should be taken seriously by all countries. Those countries that fail to take action against it, face not only massive potential financial losses, but a terrible threat to the entire fabric of society. In a very real sense, international gangsterism is actually challenging the power of governments in the world today. Illegal drugs is therefore a major area of concern. In this regard allow me to quote from a 1993 United Nations publication on drug trafficking/abuse:
"The scope of the narcotics problem today has only begun to be realised. There is no longer any question as to the social consequences of wide spread drug abuse. The evidence is everywhere ... it is a crime that imposes a staggering burden on the people and the nations of the world. It is a burden on the people and the nations of the world. It is a burden no society can afford to carry. The illicit production, distribution and consumption of drugs have intimidated and corrupted public servants, and have even destabilised governments."
The report of the United Nations International Narcotics Control Board for 1994, brought the problem even closer to home:
"The African region continues to be characterised by persistent poverty and civil war in certain countries, drought or other natural disasters in others, accompanied by famine and massive population displacement. In such struggles for survival, the prevention of illicit trafficking in and the abuse of drugs is not always regarded as a priority issue. African seaports and airports have become transit points for international drug trafficking operations and at the same, the situation with regard to drug abuse has rapidly worsened. Without comprehensive intervention, problems connected with illicit traffic and drug abuse - one of them being money laundering - will seriously affect the entire continent and will have major consequences for the rest of the world."
As we approach the dawn of the twenty first century, we unfortunately have to acknowledge that much still has to be done to address this problem and so help make the world a safer and better place for all the people of the world. There can hardly be any nation in the world which can justifiably claim to have achieved a 100% success in implementing measures in this regard - and though some nations have performed better than others; some nations are still at an embryonic stage in taking the threat that the illegal drug trade pose, seriously. Real progress on a global scale will only be possible when we, as a human race, embrace the idea of mutual co-operation and a shared destiny.
The reality in my own country is that though we have come a long way in the past few years in focusing on the problem and in establishing measures in line with international trends, we still have a long way to go. We also always have to bear in mind that the issue we addressing in this workshop, is in fact part of a global problem - and it is therefore not simply a case that each continent or each nation can be left to deal with its own problems.
2. THE WORKSHOP'S PROGRAMME
According to the programme, this workshop will concentrate on the following main areas of concern, namely:
* Drugs - an international perspective;
* Regional perspectives;
* South Africa - crime and justice;
* South Africa - policy and research; and
* Financial controls.
The respective keynote speakers and panels of experts will undoubtedly cover these areas in detail, and like you, I eagerly await hearing their views! Meanwhile, permit me to give you a brief outline relating to the problem as we perceive it in South Africa and of the progress we have made regarding combating it and related aspects in the past three years following our first ever democratic elections in April 1994.
3. THE THREAT: WORLD-WIDE AND NATIONALLY
* Today the extent of the criminal activities of drug and other crime syndicates constitute a real threat to all societies. Robert Gelbard, US Assistant Secretary of State for International Narcotics and Law Enforcement Affairs, for example, commented during a visit to South Africa in 1996, that:
"The rapid globalisation of the drug trade over the past decade virtually assures that no country is immune to the threat. The increasing ability of traffickers to market drugs anywhere, anytime, is part of the danger. To succeed, traffickers must be confident that they can operate with minimal or no government interference, and that they can convert cash into tangible assets - two conditions that drive them to penetrate and corrupt political and economic institutions. And the deeper this penetration sinks, the more at risk is the very governability of the state."
These crimes also tend to have, by their very nature, international dimensions. As a result world leaders are increasingly giving high-level attention to combating such crimes.
* In order to place the response to the menace of organised crime, drugs and related issues such as money laundering, in its prier perspective, it should be noted that there are for all countries, both an internal and an external dimension. In relation to the internal dimension, drug trafficking and organised crime, generate large financial profits and wealth, enabling criminal organisations to penetrate, contaminate or corrupt the structures of legitimate commercial and financial business as well as the structures of government. These organisations usually also operate transnationally. In carrying out their obligations under the respective international conventions, treaties and other instruments of co-operation, all countries are consequently required to take all necessary measures, including legislative and administrative measures in conformity with the fundamental provisions of their domestic legal systems, to combat these social evils.
* There are essentially two broad dimensions to the illegal drug trade, namely supply and demand. Supply refers to the manufacture, cultivation, production, procession, smuggling, distribution and sale of illicit drugs; whilst demand refers to the individual's desire to consume the illicit drug and drug abuse. Violence and corruption are associated with both dimensions. For example, we are told that the illegal drug trade is today the leading cause of death by homicide in the United States of America. In our strategies to combat this scourge, we have to be vigilant to address both dimensions.
* New developments, especially in the field of information technology, provide new tools in the hands of drug traffickers and professional money launderers. Microchip-based electronic money, in the form of "smart cards" or "cybercash", for instance opens up possibilities for easy anonymous and instant transmission of funds to almost any place in the world. In Time-magazine of September 23, 1996, it is mentioned in an article, aptly entitled: "Crime online - mobsters around the world are wiring up for the future", that the fight against organised crime, illegal drugs and money laundering has taken on a new dimension - "High technology is making the wise guys even wiser". It is clear that for groups as disparate as the Colombian drug cartels and Chinese triads, computers have become essential for running their booming "businesses" and protecting them from the prying eyes of the law. In America, for example, the Police now discover, in bust after bust, that they need to not only seize guns and drugs, but also computer discs, monitors and modems. The laundering of drug money is a natural application for much of the new technology that is so freely available. In just the past decade, an international network of cash-cleaning money managers has sprung up to court the business of the Mafia, the drug cartels and the Russian Mafia. These "managers" bid for the "cash-scrubbing" - contract (usually 20c on the dollar), and then, like mutual-fund traders or stockbrokers, they use the latest technology to move and track the money. This makes it very difficult for Police agencies to follow, because to computers, all bits look the same. In fact, electronic banking is so easy to manipulate that even the banks may not know that they are being used by organised crime as a cash drop. In addition, the digital technology - with its promise of data encryption and the anonymity of cyberspace - offers a comforting cloak to the organised criminals, to whom communication security is a high priority. With Internet available to anyone, anywhere in the world, it has become extremely easy to encrypt data so as to protect it from the Police. Nowadays, mobsters can just download copies of freeware programmes from the Net and with fewer than a dozen keystrokes, these programmes can turn any document into a meaningless jumble of letters and numbers. Finding the key to crack such a code can take months. There is fortunately also a positive side to technology. The American Drug Enforcement Administration, FBI and other agencies have, for example, started to use the Internet to also catch crooks. "Sites" on the Web now come with buttons that make it easy for people to report on felons and with just a click of the mouse, "web surfers" can tip off these agencies to drug traffickers. Another positive aspect is that though the electronic world may be a relatively safe haven, once it has been cracked a system can become very vulnerable, giving infinitely more information to enforcement agencies than ever before. For every E-Mail message, fax or wire transfer, there is a trail of bits and bytes and clues that can be followed and can help bring down the criminal. The challenge of staying abreast of the latest in digital crime is especially difficult in developing or underdeveloped countries, where organised crime often has a tremendous financial and technological advantage. However, these new challenges in our fight against organised crime, drug trafficking and the consequent money laundering activities, must be faced head-on if we want to combat them effectively. International co-operation in the combating of international crimes - such as drug trafficking and money laundering - is thus of vital importance to governments and enforcement bodies generally.
* In South Africa, the advent of democracy and its re-integration into the world community has created far too much space for well-organised crime and drug syndicates, which are making millions of rands in profits using sophisticated and ingenious methods to evade Police and customs.
* Since the emergence from international isolation, it has increasingly become a transit point as well as a consumer market for the illegal drug trade. Several factors contribute to this, such as, its relatively good infrastructure, its favourable geographical situation on the major trafficking routes and its accessibility via land, sea and air. Consequently, we find that the cartels have established contact with producers in different parts of the world and to use the RSA as a conduit for smuggling hashish, heroin and opium to the international market. It also has become clear that South Africa, along with Namibia, Kenya, Swaziland, Angola, Tanzania and Uganda are now on the major cocaine trafficking routes.
* To give some indication of the extent of the illegal drug trade in the RSA, I wish to briefly refer to some SAPS statistics. For example, during the first six months of 1996 Police around the country seized nearly 300 000 mandrax tablets, 77kg of cocaine, 0,783kg of heroin, and 1 325 units of LSD. They also dealt with 80 426kg of dagga. Yet, despite this, the Narcotic Police Division - which is working in close co-operation with international agencies like Interpol, the American Drug Enforcement Agency and the Police forces of other countries - is of the opinion that only 10-15% of all drugs smuggled into the RSA have been seized. It is also believed that South Africans have been consuming more than 70% of the world's mandrax. Syndicate activity is on the increase. During 1996 the SAPS estimated that approximately 136 syndicates (out of 481 syndicates), were involved in drug operations in the RSA.
* The illegal drug trade is strongly linked to violence. For example, in Eersterust, Pretoria, there were six gang-related killings in a recent two months period over competition for the mandrax market. A "war" also recently erupted between local gangsters and Nigerian drug dealers in the Hillbrow/Berea areas of Johannesburg. In these same areas over a period of two months, 28 Nigerians were kidnapped, leading to the establishment of heavily armed mobile response teams by the Nigerians to protect key drug dealers. SAPS-officers from the Hillbrow office have consequently expressed their concern that "the criminals are gong to fight it out on the streets. If it comes to that, innocent people will die in the cross-fire". Failure to deal effectively with this problem will lead to vigilante action by community based groups.
* The large trafficking organisations have vast resources at their command and an almost unlimited capacity to corrupt. This is borne out by a newspaper article over the past week-end, mentioning the arrest of several Police officials for alleged corruption relating to, inter alia, illegal drugs.
4. MEASURES: INTERNATIONAL AND NATIONALLY
The international community including South Africa, has taken a firm stand against drug trafficking and related violence, and have initiated several measures to combat these evils.
* Several international instruments to help curb drug trafficking have been introduced in the past. Some of the main measures were the result of the world of the Untied Nations. This led to, inter alia, the 1961 single convention on narcotic drugs, as amended by the 1972 protocol; and the 1971 convention on psychotropic substances. As a result of growing international concern about the magnitude and rising trend in the illicit production of, demand for and traffic in narcotic drugs - which pose a serious threat to the health and welfare of human beings and adversely affect the economic, cultural and political foundations of society - the convention against illicit traffic in narcotic drugs and psychotropic substances (the Vienna Convention) was adopted in Vienna in December 1988. The earlier conventions (to which South Africa was a party) dealt mainly with the trafficking in illicit substances. The purpose of the convention is to promote co-operation amongst parties to the convention so that they may effectively address the numerous aspects of illicit traffic in drugs having an international dimension. The convention provides a comprehensive framework of measures to enable member countries to co-operate with each other in combating drug trafficking. Being aware of the fact that drug trafficking generates large financial profits and wealth, one of the main aims of the convention is to deprive persons engaged in drug trafficking of the proceeds of their criminal activities, thereby eliminating the incentive to continue in these activities.
* The South African Drugs and Drug Trafficking Act, 1992, (Act 140 of 1992), (the Act), commenced on 30 April 1993 and repealed the Abuse of Dependence-producing Substances and Rehabilitation Centres Act, 1971 (Act 41 of 1971), in so far as that Act regulated the position in respect of drug offences. The Act embodies the same offences contained in the repealed Act (e.g. possession of or dealing in certain substances), but also created new offences, e.g. the acquisition or conversion of the proceeds of certain drug offences, the failure to report certain information to the Police and the manufacturing or supplying of certain substances. It also provides for extended powers for the Police and for increased penalties for drug offences. The whole idea with this Act was to bring South African drug-related legislation into line with the requirements of the convention. The Act does not, however, make provision for South Africa to assist in the investigation process on an international level as required by the convention. Additional legislation was therefore needed in respect of the investigation process relating to criminal matters in general and the procurement of evidence. We have now remedied that defect.
* International co-operation in respect of a criminal investigation largely relates to the obtaining of information. This information may be evidence which is intended to be presented to a court in a subsequent criminal trial or may be intelligence which will further the investigation and the uncovering of evidence. The methods used to obtain the relevant information can be divided into formal and informal measures for providing assistance. The informal measures refer to the obtaining of assistance without the use of coercive procedures. These may be used fruitfully in the gathering of intelligence in the course of an investigation. Informal measures include all methods of communication between investigating authorities in the requesting state and the appropriate authorities in the requested state. The advantages of using informal measures are, however, limited to the instances where the person from whom the information is to be obtained is willing to provide the relevant information without being obliged to do so. Such measures are also dependent on the willingness of the appropriate bodies in the requested state to provide the necessary assistance in obtaining the information. Formal measures refer to procedures which enable the use of some form of coercive procedure in obtaining the required information. These measures normally involve the courts of both the requesting and requested countries and results, if successful, in the examination of a person by means of judicial process. This type of procedure can also be used in order to obtain documents and other evidentiary material to be used in the course of a criminal trial. A successful investigation will inevitably lead to the discovery of the proceeds of crime. In many instances the conviction flowing from such an investigation will result in the forfeiture or confiscation of such proceeds. In these instances another form of international co-operation comes into play viz the confiscation and repatriation of the proceeds of crime. As this type of assistance involves the attachment, forfeiture or confiscation of money or property it can only be provided by means of formal procedures involving the courts of the requested state. Until very recently the South African Law did not provide for any formal procedure by means of which information could be gathered legally in the course of a criminal investigation. Likewise no provision was made for the provision of information in the course of an investigation carried out in a foreign country. Consequently investigating authorities could only rely on information co-operation. South African law also did not provide adequately for procedures aimed at the forfeiture or confiscation of the proceeds of crime. South Africa could thus neither obtain nor provide any assistance in respect of the repatriation of the proceeds of crime. This position was remedied with the promulgation of the International Co-operation in Criminal Matters Act, 1996 (Act 75 of 1996) and the Proceeds of Crime Act, 1996 (Act 76 of 1996). The Proceeds of Crime act, 1996, criminalises money laundering in general and provides procedures for the restraining and confiscation of the proceeds of crime. The International Co-operation in Criminal Matters Act, 1996, provides the formal procedures to be used in the obtaining and providing of information in the course of a criminal investigation that spans international borders as well as the procedures for the repatriation of the proceeds of crime.
Once these Acts are in operation, South Africa will be in a position to accede to the convention and will be able to join the international community in fighting drug trafficking within the framework of the convention.
* The Extradition Amendment Act, 1996 (Act 77 of 1996), amends the Extradition Act, 1962, in order to provide for the designation of states to which extradition may be effected in the absence of formal agreements and without having to obtain the consent of the President. It furthermore defines extraditable offences and regulates the Minister of Justice's power to refuse extradition, as well as the circumstances under which an extradition order may be granted.
The obtaining of evidence, supplying evidence to foreign states, transferring of the proceeds of crime, the execution of foreign penal orders and sentences as well as extradition are therefore now covered in the legislature.
* Furthermore, during September 1996 the South African Law Commission brought out a report on money laundering and related matters. The aim of the recommendations contained in this report is to facilitate the investigation and the prosecution of money laundering activities. These recommendations were embodied in a Money-laundering Control Bill, 1997. The scheme of the proposed legislation is to make certain bodies and institutions "accountable institutions" for purposes of the proposed Act. Bodies and institution which receive money on behalf of clients in the normal course of business, will be required to identify them and to keep proper records of business transactions with them. Certain transactions, which have the potential of being used for money laundering purposes, will have to be reported to a central authority, despite any duty to maintain secrecy or confidentiality that might exist in respect of such information. The central authority to which such information must be reported must be the financial intelligence centre, the function of which will be to collate and analyse the information and to make it available to the relevant investigating authorities. This financial intelligence centre will also have investigative powers. The legislation also makes provision for the establishment of a money-laundering policy board which is to formulate a national policy on the combating of money laundering, to advise the minister of the implementation of the policy, to promote public awareness of the policy, to give guidance and advice to accountable institutions, to advise the minister on exemptions from the provisions of the Act and to monitor compliance with the Act. It has been decided that this legislation is to be promoted by the Minister of Finance. The final shape of this piece of legislation will therefore depend on the decisions or recommendations of the Minister of Finance.
* Legislation has been drafted which provides a mechanism whereby allegations of serious maladministration, misappropriation of state funds and corruption can be summarily investigated and dealt with expeditiously and comprehensively, namely the Special Investigation Units and Special Tribunals Act, 1996. The Act was approved by Parliament during 1996. A Special Investigating Unit and Special Tribunal were established in terms of this Act.
* In relation to international contact, the following should be noted. The Department of Justice's Interstate Affairs Subdivision is, inter alia, involved in direct liaison and negotiations at the administrative and functional official level with foreign states in an effort to promote international legal co-operation and to find solutions to legal questions. The currently approved aim of the Subdivision is to also work towards greater uniformity between the legal systems of the Southern African states, especially with the Southern African Development Community (SADC), and thus promote and establish high-quality and efficient administration of justice in the Southern African region. In view of the re-admission of South Africa to the international arena and particularly to the Commonwealth and other international bodies, this work is becoming more and more important. The current activities of the Subdivision can be divided into four broad categories:
(A) The first category is the establishment of regular liaison with Southern African states within the SADC. Matters relating to the administration of justice which demand the attention of these states and South Africa are identified and receive attention. Bilateral subcommittees also attend to judicial matters between South Africa and Swaziland, Lesotho, Namibia, Mozambique and Zimbabwe.
(B) The second category is the co-ordination of all Commonwealth matters pertaining to the administration of justice. For example, the Subdivision was, amongst others, directly involved in the meeting of Law Ministers of the Commonwealth, which was held in Kuala Lumpur during 1996. Senior officials of the Department of Justice and myself attended this first meeting of Law Ministers since South Africa's re-admittance to the Commonwealth, in Kuala Lumpur, Malaysia from 15 to 20 April 1996. The meeting was attended by Ministers, Attorneys-General and other law officers and officials from 39 countries and 3 dependencies. The South African delegation was actively involved in discussions on matters of common interest between Commonwealth states, including measures to secure judicial co-operation. Aspects that received priority attention were, inter alia, money laundering and drug trafficking. The Ministers further endorsed the Commonwealth's practice of co-operating with other international bodies involved in combating the deleterious effects of money laundering and its underlying criminal activity. Ministers reiterated the strong position of the Commonwealth against money laundering and any act what could encourage drug trafficking.
(c) The third category of the Subdivision's involvement relates to interaction with other international bodies, such as the United Nations, the Hague Convention and Unidroit.
(D) The last category of the Subdivision's involvement is interaction with other foreign states outside Southern Africa.
During the past few years, the most important matters in which the Subdivision has been involved, include the following:
(A) SADC Protocol to combat illicit drug trafficking. During workshops of the South African Development Community (SADC) held in Mmabatho during November 1995 and Maseru during March 1996, a draft protocol on combating illicit drugs was finalised. During the Summit of Heads of State held in Maseru on 24 August 1996, the protocol on combating illicit drug trafficking was signed by President N Mandela and other heads of the Southern African Development Community (SADC). The protocol provides a policy framework that allows the SADC region to co-operate in ensuring that the region does not become a producer, consumer, exporter and distributor of illicit drugs or a conduit for illicit drugs destined for international markets. To achieve this, the protocol provides for co-operation among law enforcement agencies and the judiciary systems of the region. The Summit expressed alarm at the growing menace posed by drug trafficking and called for stiff sentences to be imposed on traffickers and for strong measures to control this scourge. In this regard the Summit welcomed the conclusion of a regional protocol that will assist the region in eliminating the scourge of drugs and the use of the region as a conduit for drugs destined to the rest of the world. Article 2 of the protocol contains the objectives of this protocol, namely:
(I) To reduce and eventually eliminate drug trafficking, money laundering, corruption and the illicit use and abuse of drugs through co-operation among enforcement agencies and demand reduction through co-ordinated programmes in the region;
(II) To eliminate the production of illicit drugs; and
(III) To protect the region from being used as a conduit for drugs destined for international markets.
(B) Southern and East African money laundering symposium. During the Commonwealth Law Ministers' meeting, held in Kuala Lumpur in 1996, it was agreed that a money laundering symposium be hosted by the Commonwealth Secretariat in South Africa where all Southern African countries could participate in order to promote judicial co-operation and measures to combat money laundering and also drug trafficking within the region. Representatives of 21 countries and international organisations attended the first Southern and East African money laundering conference in Cape Town from 1 to 3 October 1996. The conference was jointly sponsored by the Commonwealth Secretariat and the financial action task force on money laundering. Represented at the conference were officers expert in legal, financial and law enforcement matters from the following countries: Botswana, Canada, France, Italy, Kenya, Lesotho, Malawi, Mauritius, Mozambique, Namibia, Portugal, South Africa, Swaziland, Tanzania, Uganda, the United Kingdom, the United States, Zambia and Zimbabwe. The conference heard reports from all countries in the region about their money laundering situation and the existence of anti-money laundering legislation and noted that several countries had enacted or were in the process of enacting legislation. Representatives at the conference also shared their experiences in combating money laundering and discussed the various measures adopted by countries to combat this threat. The conference also noted that money laundering is practised in different ways in different countries and that therefore the response to money laundering may differ from country to country. The conference agreed on the urgent need to enact anti-money laundering legislation based on the forty FATF (Financial Action Task Force) recommendations and the Commonwealth Model Laws. It was also agreed that the national strategies for combating money laundering should rely on a multidisciplinary approach involving officials from legal, financial and law enforcement Ministries and agencies. However, it was recognised as essential to establish a national co-ordinating group on anti-money laundering matters for each country. The conference agreed to the proposal for a regional mechanism as set out in the document entitled "Proposal to seek the establishment of a Southern and East African financial action task force".
(c) United Nations. The United Nations sponsored during 1994 a Southern African legal workshop on subregional co-operation in respect of drug investigation and prosecution, held in order to co-ordinate measures to combat drug trafficking in the southern African region.
(D) United States of America. Assisted by officers of the Department, I also held discussions with Mr Robert Gelbard, US Assistant Secretary of State for International Law Enforcement and Narcotic Affairs, on 5 August 1996. The talks centred around the South African draft legislation on international legal co-operation and ways in which the United States could assist South Africa in combating drug trafficking etc.. Mr Gelbard on behalf of the US Department of Justice offered assistance in training South African prosecutors and Police investigators.
* Other steps that also have a bearing on organised crime, money laundering and drug trafficking, include the
Following:
* The Drug Trafficking (mutual assistance) Regulations, 1995, made under Section 61 of the Drugs and Drug Trafficking Act, 1992, came into operation on 1 November 1995. The regulations provide for mutual assistance with designated countries in respect of the confiscation of the proceeds of drug trafficking and establishes the framework and procedure for the processing and execution of mutual assistance requests. The Republic is currently in a position to grant assistance to a designated country in respect of the confiscation of the proceeds of drug trafficking, but cannot guarantee assistance in respect of the investigation process which is also envisaged in the Vienna Convention, until the further legislation mentioned earlier, has been put in operation. Before designations are made for the purposes of the Drug Trafficking (mutual assistance) Regulations, 1995, it is also necessary to conclude mutual assistance agreements with the countries concerned to, inter alia, provide for the respective authorities in each country which will forward and receive requests for assistance, the format and content of such requests, documentary proof that shall accompany such requests, the language to be used and the requirements regarding authentication of documents. A comprehensive mutual assistance agreement has been concluded with the United Kingdom of Great Britain and Northern Ireland. Mutual assistance agreements are also being negotiated with Argentina, Brazil, Chile and Paraguay. The Republic has also agreed to designate Zimbabwe in terms of the Drug and Drug Trafficking act, 1992. In respect of Namibia the Republic has agreed on the launching of a joint investigation to promote legislation which on the basis of reciprocity will inter alia provide for mutual assistance regarding the confiscation of the proceeds of crime.
* A new border policing unit and strategy has been devised to help combat smuggling at all ports, airports and border posts. This forms part of the NCPS multi-disciplinary approach towards finding solution to the crime problem.
* The SAPS and other government agencies are working very closely with Interpol and other international agencies and instances. Aside from the exchange of information and other forms of co-operation, several international conferences on drug trafficking and abuse have been hosted in South Africa, such as, inter alia, the Interpol International Methaqualone Conference, which was held at Sun City during 1994, and the Interpol International Conference on Cocaine Trafficking, which was held in Pretoria during 1995.
* Various other conferences, relating to the subject in question (and wherein South Africans played a role) have been held the past year in order to foster co-operation between all role-players, including the following:
* A Fraud and Computer Crime Conference (Johannesburg and Cape Town).
* A Joint Money Laundering and Asset Forfeiture Conference, hosted by the US Department of the Treasury and the South African Police Service (Pretoria).
* The National Money Laundering Conference hosted by KPMG Aiken and Peat (Midrand).
* In addition, the first African conference on Economic Crime, was held in Bloemfontein in July 1995. This was a high profile conference attended by delegates from many African countries. This was followed by the second African conference on Economic Crime, held in July 1996.
* In the beginning I reflected that we need to focus on both the supply and demand dimensions pertaining to illegal drugs. In this regard I wish to point out that the Drug Advisory Board, which is a statutory board advising the Minister of Welfare, recently completed the first draft of the National Drug Control Master Plan. When finalised this master plan will be presented to the government for approval. This master plan will spell out South Africa's position regarding all drug related crimes and the motivation of young people to reject illegal drug use and substance abuse by reducing the acceptability and availability of drugs. It will also provide for a national drug control administration which will oversee all strategies and actions taken to reduce the supply and demand of drugs.
It is clear that as the threats becomes more and more universal, governments are forced to co-operate in combating these crime forms. This brings inevitable tensions between the needs of law enforcement and issues such as civil liberties, confidentiality and sovereignty. While governments continue to struggle with these problems, criminals will continue to disregard geographical borders and to exploit law enforcement's inability to deal with crime on an international scale.
5. CONCLUSION
I am fully aware of the fact - that there is no quick fix solutions to the illegal drug trafficking and abuse problem. We also need to approach the problem in a multi-dimensional manner and so address both supply and demand, whilst also tackling the related activities pertaining to money laundering and violence. There should be a close relationship between all role players in the control of, research into, co-ordinating of intelligence gathering and close interaction concerning law enforcement on a national and international level.
The measures South Africa is implementing underscore the RSA-government's commitment to eradicate this scourge. They should also be viewed together with the National Crime Prevention Strategy and actions by the SAPS (which includes the setting-up of specialist units to focus on drug syndicates) to counter the rising tide of drugs. At the end of the day, it is, however, also the task of the community to assist - within the framework of the criminal justice system - in this fight. They can do so by reporting criminal activities and by testifying in courts of law so that the culprits can be effectively tried and sentenced.
In conclusion, I would like to reiterate that the SA Government is serious about protecting our communities and that all the devices and weapons of the legal system will be used to prevent, discourage, detect, interdict, and control those who wish to destroy sound values and integrity which all of us hold dear.
I thank you for the opportunity to address you and express the wish that this workshop will be more than just talk, and that friendships and co-operation will be forged to advance both formal and informal joint measures in the fight against international organised crime.
<EOD>